20200461 Ver 1_Approval Letter_20200421

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
April 21, 2020
Michael Penland
116 Lake Royale
Louisburg, NC 27549
NORTH CAROLINA
EnWronmentalQuality
DWR #20-0461
Franklin County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
AUTHORIZATION CERTIFICATE PER THE TAR-PAMLICO RIVER BASIN RIPARIAN BUFFER
PROTECTION RULES (15A NCAC 02B .0259) WITH ADDITIONAL CONDITIONS
Penland: 110 Custer Cove, Lake Royale
Dear Mr. Penland,
You have our approval for the impacts listed below for the purpose described in your
application and received by the Division of Water Resources (Division) on April 2, 2020 with
payment received on April 6, 2020. The impacts are covered by the attached General Water
Quality Certification Number 4134, allowing you to use Regional Permit 197800080 when
issued by the US Army Corps of Engineers (USACE). Please note that you should get any other
federal, state or local permits before proceeding with your project, including those required by
(but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply
Watershed regulations.
This approval requires you to follow the conditions listed in the enclosed certification and the
following additional conditions:
1. The following impacts are hereby approved provided that all of the other specific and
general conditions of the Certification, General Permit and/or Buffer Rules are met. No
other impacts are approved, including incidental impacts.
D.� North Carolina Department of Environmental Qyality I Division of Water Resources
` •rp Raleigh Regional Office 13800 Barrett Drive I Ralclgi% North LArc o Z7609

Penland: 110 Custer Cove, Lake Royale
D W R #20-0461
401 AND BUFFER APPROVAL
Page 2 of 4
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Open Waters -Below normal pool
01: Dock
160 (square feet)
0 (square feet)
02: Boat Slip
375 (square feet)
0 (square feet)
Open Waters -Above normal pool
01: Retaining Wall
61(square feet)
0 (square feet)
02: Boat Slip
22-5 (square feet)
0 (square feet)
03: Rip Rap
60 (square feet)
0 (square feet)
Buffers -Zone 1
B1: Remove 1 tree
800 (square feet)
0 (square feet)
2. The permittee shall report to the Raleigh Regional Office any noncompliance with this
certification, any violation of stream or wetland standards [15A NCAC 02B .0200] including
but not limited to sediment impacts, and any violation of state regulated riparian buffer
rules [15A NCAC 02B .0200]. Information shall be provided orally within 24 hours (or the
next business day if a weekend or holiday) from the time the applicant became aware of the
circumstances. A written submission shall also be provided within 5 business days of the
time the applicant becomes aware of the circumstances. The written submission shall
contain a description of the noncompliance, and its causes; the period of noncompliance,
including exact dates and times, if the noncompliance has not been corrected, the
anticipated time compliance is expected to continue; and steps taken or planned to reduce,
eliminate, and prevent reoccurrence of the noncompliance. The Division may waive the
written submission requirement on a case -by -case basis.
3. Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor within
these boundaries approved under this authorization shall be clearly marked with orange
warning fencing (or similar high visibility material) for the areas that have been approved to
infringe within the buffer, wetland or water prior to any land disturbing activities to ensure
compliance with 15 NCAC 02H .0500. [15A NCAC 02H .0506 (b)(2) and (c)(2) and 15A NCAC
02H .0507 (c)]
6. This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of the Certification and
Buffer Authorization. If you change your project, you must notify the Division and you may be
required to submit a new application package with the appropriate fee. If the property is
sold, the new owner must be given a copy of this approval letter and General Certification
and is responsible for complying with all conditions. 115A NCAC 02H .0501 and .0502]

Penland: 110 Custer Cove, Lake Royale
DWR #20-0461
401 AND BUFFER APPROVAL
Page 3 of 4
This approval and its conditions are final and binding unless contested.
This Certification and Buffer Authorization can be contested as provided in Articles 3 and 4 of
General Statute 150B by filing a written petition for an administrative hearing to the Office of
Administrative Hearings (hereby known as OAH). A petition form may be obtained from the
OAH at http-://www.ncoah.com I or by calling the OAH Clerk's Office at [phone] for
information.
Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the
OAH. A petition is considered filed when the original and one (1) copy along with any
applicable OAH filing fee is received in the OAH during normal office hours (Monday through
Friday between 8:00am and 5:00pm, excluding official state holidays).
The petition may be faxed to the OAH at [phone], provided the original and one copy of
the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission.
Mailing address for the OAH:
If sending by First Class Mail
via the US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
If sending via delivery service
(e.g. UPS, FedEx):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to Department of Environmental Quality:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
Please send one (1) copy of the petition to DWR:
If sending by First Class Mail
via the US Postal Service:
Paul Wojoski
NC DWR --401 & Buffer Permitting
Branch
1617 Mail Service Center
Raleigh, NC 27699-1617
If sending via delivery service
(e.g. UPS, FedFx):
Paul Wojoski
NC DWR —401 & Buffer Permitting
Branch
512 N. Salisbury Street
Raleigh, NC 27604

Penland: 110 Custer Cove, Lake Royale
DWR #20-0461
401 AND BUFFER APPROVAL
Page 4of4
This letter completes the review of the Division under section 401 of the Clean Water Act and
the Tar -Pamlico Riparian Buffer Rules as described in 15A NCAC 02B .0259. Please contact
Stephanie Goss at 919-791-4256 or [e-mail] if you have any questions or
concerns.
Sincerely,
A"Pie-45.7
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
Enclosure: GC 4134
cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade
Drive, Ste.105; Wake Forest, NC 27597
DWR RRO 401 files
DWR 401 & Buffer Permitting Branch via Laserfiche